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Diffstat (limited to 'LICENSE')
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@@ -1,22 +1,67 @@ -全字庫授權聲明 -授權方式及範圍 +Open Government Data License, version 1.0 -本網站以無償及非專屬授權方式授權使用者得不限時間及地域，重製、編輯、公開傳輸或為其他利用方式，開發各種產品或服務（以下簡稱加值產品），但授權範圍不包含商標權及專利權。 +The Open Government Data License (the License) is intended to facilitate government data sharing and application among the public in outreaching and promotion method, and to advance government service efficacy and government data value and quality in collaboration with the creative private sector. -使用者公開發行、公開展示或其他利用本網站相關字型、資料、元件或程式所產生之加值產品，應以適當方式註明字型、資料、元件或程式之來源出處(中華民國國家發展委員會，CNS11643中文標準交換碼全字庫網站，http://www.cns11643.gov.tw。) +1. Definition -使用者承諾事項 +1.1. “Data Providing Organization” refers to government agency, government-owned business, public school and administrative legal entity that has various types of electronic data released to the public under the License when it is obtained or made in the scope of performance for public duties. -使用者利用本網站相關字型、資料、元件或程式，視同同意遵守本聲明。 +1.2. “User” refers to individual, legal entity or group that receives and uses Open Data under the License, including individual, legal entity or group who is receiving and using Open Data as the recipient of the former Users under the sublicensing scenario. -使用者利用本網站相關字型、資料、元件或程式，如有發現錯誤或遺漏，應同意無償提供本網站參考及修正。 +1.3. “Open Data” means data that the Data Providing Organization owns its copyright in whole or has full authority to provide it to third parties in sublicensing way, and provides it in an open and modifiable form such that there are no unnecessary technological obstacles to the performance of the licensed rights, including but not limited to the following creation protected by copyright: -使用者提供之加值產品，如因其故意或過失，致第三人權益受損時，應同意自行負責處理，本網站概不負責。如因其故意或過失導致本網站遭受損害或第三人向本網站請求賠償損害，使用者應對本網站負賠償責任。 +a. “Compilation Work” means a work formed by the creative selection and arrangement of data, and can be protected by copyright law, such as database or other qualified structured data combination. -本網站責任之限制 +b. “Material” means a separate work, that is collected into the Open Data aggregation and can be protected by copyright law independently. -本網站之相關字型、資料、元件或程式僅供參考，不構成任何保證或暗示其同意、認可、推薦之意思表示。 +1.4. “Derivative Work” means any adaptation based upon the Open Data provided under the License and in which the original data is reproduced, adapted, compiled, or otherwise modified. -本網站之相關字型、資料、元件或程式之正確性及完整性，不負擔保之責。使用者如因使用而受損害或損失，或因此導致使用者或第三人遭受損害或損失而遭求償者，本網站不負任何賠償或補償之責。 +1.5. “Information” means the pure record that is not subject to copyright law and providing along with the Open Data. Accordingly, the granting of copyright license hereunder does not apply to such Information, however, other provisions of the License shall be applied to it as well as to the Open Data. -本網站如因網路線路或設備故障、檢修、保養、停電或其他天災事變等不可抗力情事，致無法提供使用者時，使用者因此所產生損害或損失，本網站不負任何賠償或補償之責。 +2. Grant of Copyright License + +2.1. The Data Providing Organization grants User a perpetual, worldwide, non-exclusive, irrevocable, royalty-free copyright license to reproduce, distribute, publicly transmit, publicly broadcast, publicly recite, publicly present, publicly perform, compile, adapt to the Open Data provided for any purpose, including but not limited to making all kinds of Derivative Works either as products or services. + +2.2. User can sublicense the copyrights which he/she is granted through 2.1. to others. + +2.3. Any additional written offer or other formality for copyright license from the Data Providing Organization is not required, if User makes use of Open Data in compliance with the License. + +2.4. The License does not grant any rights in the patents and trademarks. + +3. Condition and Obligation + +3.1. By utilizing the Open Data provided under the License, User indicates his/her acceptance of this License and all its terms and conditions overall to do so, and shall make the reasonable efforts with respect to moral right protection of the third parties involved. + +3.2. When User makes use of the Open Data and its Derivative Work, he/she must make an explicit notice of statement as attribution requested in the Exhibit below by the Data Providing Organization. If User fails to comply with the attribution requirement, the rights granted under this License shall be deemed to have been void ab initio. + +4. License Version and Compatibility + +4.1. When a new version of the License has been updated and declared, if not the Data Providing Organization has already appointed a specific version of the License for the Open Data it provided, User may make use of the Open Data under the terms of the version of the License under which he/she originally received, or under the terms of any subsequent version published thereafter. + +4.2. The License is compatible with the Creative Commons Attribution License 4.0 International. This means that when the Open Data is provided under the License, User automatically satisfies the conditions of this License when he/she makes use of the Open Data in compliance with the Creative Commons Attribution License 4.0 International thereafter. + +5. Cessation of Data Providing + +5.1. Under the circumstances described hereunder, the Data Providing Organization may cease to provide all or part of a specific Open Data, and User shall not claim any damages or compensations on account of that to the provider: + +a. It has been evaluated by the Data Providing Organization that continuously providing of a specific Open Data as not being met the requirement of public interest due to the change of circumstances unpredictable or for a legitimate cause. + +b. A provided Open Data might jeopardize third parties' intellectual property rights, privacy rights, or other interests protected at law. + +6. Disclaimer + +6.1. The providing of Open Data under the License shall not be construed as any statement, warranty, or implication to the recommendation, permission, approval, or sanction of all kinds of authoritative declaration of intention made by the Data Providing Organization. And the Data Providing Organization shall only be liable to make the correcting and updating when the errors or omissions of Open Data provided by it has been acknowledged. + +6.2. The Data Providing Organization shall not be liable for damage or loss User encounters when he/she makes use of the Open Data provided under the License. This disclaimer applies as well when User has third parties encountered damage or loss and thus has been claimed for remedies. Unless otherwise specified according to law, the Data Providing Organization shall not be held responsible for any damages or compensations herein. + +6.3. User shall be liable for the damages to the Data Providing Organization, if he/she has used the Open Data provided wrongfully due to an intentional or negligent misconduct and caused damages to the Data Providing Organization. The same reimbursement rule for wrongful misconducting shall be applied to the User when the damaged one is a third party and the compensations have already been disbursed by the Data Providing Organization to the third party due to a legal claim. + +7. Governing Law + +7.1. The interpretation, validity, enforcement and matters not mentioned herein for the License is governed by the Laws of Republic of China (Taiwan). + +Exhibit - Attribution + + Data Providing Organization/Agency [year] [distinguishing full name of the released Open Data and its version number] + The Open Data is made available to the public under the Open Government Data License, User can make use of it when complying to the condition and obligation of its terms. + Open Government Data License:http://data.gov.tw/license |